Created by Fuzzy Cloud

Patna High Court

Buchia Devi and OrsversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The Court held that the Section 482 application is infructuous and therefore dismissed it.

Summary

The petitioners filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 03-04-2018 passed by the Judicial Magistrate, 1st Class, Saharsa, which had taken cognizance of offences under Sections 147, 323, 448, 379, 504 and 506 of the Indian Penal Code. The petitioners argued that the original complaint case (No. 1094 of 2017) had already been disposed of on 21-08-2025, rendering the present application infructuous. The State, through its Additional Public Prosecutor, raised no objection to the petitioners' request. The Court examined the report confirming the disposal of the original case and considered the principle that a Section 482 application cannot be entertained when the matter it seeks to affect no longer exists. Consequently, the Court held that the application was infructuous and ordered it to be disposed of. The order effectively dismissed the petition without further hearing.

Issues considered

  • Whether a criminal miscellaneous application under Section 482 Cr.P.C. is maintainable when the original case against which relief is sought has already been disposed of

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482
  • Quash Order
  • Infructuous Application
  • Complaint Disposal
  • Criminal Miscellaneous Application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50971 of 2018
                    Arising Out of PS. Case No.-1094 Year-2017 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
           1.     Buchia Devi Wife of Fani Tanti,
           2.    Bandana Devi, Wife of Chandra Kishor Tanti.
           3.    Soni Devi, Wife of Munna Tanti.
           4.    Soman Devi @ Somni Devi @ Sonam Devi @ Soman Devi, Wife of Ranjan
                 Tanti.
           5.    Ranjan Tanti, Son of Late Bhadai Tanti.
           6.    Chandra Kishor Tanti, Son of Ranjan Tanti,
           7.    Munna Tanti, Son of Ranjan Tanti.
           8.    Fani Tanti, Son of Late Bhadai Tanti.
                 All resident of Village- Padampur, P.S.- Sonbarsa, District- Saharsa.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    State of Bihar.
           2.    Parmeshwari Das @ Parmeshwari Tanti, Son of Late Gopi Das @ Gopi
                 Tanti, Resident of Village Padampur, P.S. Sonbarsa, District- Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Rashmi Jha, Advocate.
                 For the Opposite Party/s :    Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The present Cr. Misc. Application has been filed

                   under Section 482 of Cr.P.C. for quashing the order dated

                   03.04.2018 passed by Judicial Magistrate, 1st Class, Saharsa in

                   Complaint Case No.1094 of 2017 by which cognizance was

                   taken against the petitioners under Sections 147, 323, 448, 379,
              Patna High Court CR. MISC. No.50971 of 2018(2) dt.31-01-2026
                                                          2/2




                        504 and 506 of the I.P.C.

                                     3. As per the report dated 16.12.2025, submitted by

                        the concerned Court, the Complaint Case No.1094 of 2017 has

                        already been disposed of on 21.08.2025.

                                     4. Learned counsel for the petitioners submits that the

                        Complaint Case No.1094 of 2017 has already been disposed of

                        and this case has become infructuous, accordingly, prays that the

                        present case may be disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of learned counsels

                        for the parties and the report submitted by the concerned Court,

                        the present Cr. Misc. Application stands disposed of having

                        become infructuous.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.